Feds Claim Authority to Regulate In-State Firearm Commerce

The federal government is claiming in court documents demanding the dismissal of a gun-law challenge in Montana the authority to regulate in-state commerce under the Constitution’s Commerce clause.

But the plaintiff in the case says the court needs to review that provision in its amended form – since the 10th Amendment, adopted after the Commerce Clause, can be viewed as modifying the Constitution’s provisions regarding the regulation of commerce, specifically granting additional authority to states.

The argument is arising in a lawsuit filed in Montana against U.S. Attorney General Eric Holder and others. The complaint seeks a court order that the federal government stay out of the way of Montana’s management of its own firearms within state boundaries.

As WND reported, the action was filed by the Second Amendment Foundation and the Montana Shooting Sports Association in U.S. District Court in Missoula, Mont., to validate the principles and terms of the Montana Firearms Freedom Act, which took effect Oct. 3.

The law provides guns and ammo made, sold and used in Montana would not require any federal forms; silencers made and sold in Montana would be fully legal and not registered; and there would be no firearm registration, serial numbers, criminal records check, waiting periods or paperwork required.

The idea is spreading quickly. Similar plans have been introduced in many other states. Read more